scholarly journals Patent Trolling and Intellectual Property: Challenges for Innovations

2021 ◽  
Vol 11 (1) ◽  
pp. 69-77
Author(s):  
Maryna Utkina ◽  
Olha Bondarenko ◽  
Petr Malanchuk

Nowadays effective legal protection of intellectual activity results is one of the most urgent issues. First, of mind, this is because, in the context of globalization processes, society is moving into a relatively new era, when the main value is information and knowledge in the context of the qualities to create something new. Against this background, patent trolling research emerges full-blown as one of the main negative trends in the development of intellectual property and which became widespread worldwide. The article begins with a research of various theoretical and legal approaches to understanding the concept of “patent trolling”, the reasons for its emergence, and its influence on intellectual property in the world. Based on the analysis of scientific literature, international acts, and legislative acts of different countries, the author discloses its experience in the possible solutions to patent trolling prevention.

2018 ◽  
Vol 4 (3) ◽  
pp. 210-226
Author(s):  
D. P. Fedulkin ◽  
V. G. Zinov

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets are proposed.


2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.


Weed Science ◽  
1986 ◽  
Vol 34 (S1) ◽  
pp. 43-49 ◽  
Author(s):  
Roman Saliwanchik

Legal protection of intellectual property is a requisite to the commercialization of the intellectual property and to the conferring of proper reward to the true owner of the property. Simplistically stated, this situation with regard to intellectual property is no different from the legal protection of a variety of properties, for example, home, land, or automobile. Laws have been established in the various countries of the world that are structured specifically to attain the desired goal of legally protecting property interests. In the intellectual property field, wherein we talk about property such as new inventions, we enter an area of not only protecting the legal rights of the property owner but also insuring the position of the public with respect to the eventual unlimited use of new inventions.


The history of development of industrial property of Ukraine, objects of intellectual property and relations which arise at their creation and use are considered. The main results of scientific research on the creation of intellectual property of the Institute of Oilseed Crops of the National Academy of Agrarian Sciences of Ukraine (hereinafter IOC NAAS) are highlighted and analyzed. The research was conducted as part of the ongoing monitoring of intellectual property legislation on the legal protection of research results of the IOC NAAS and as part of marketing and patent research to position the institution as an originator of oilseeds. The purpose of the research is to investigate changes in the legislation on industrial property of Ukraine, intellectual property objects and relations that arise during their creation and use, to analyze the main results of scientific research on the creation of intellectual property objects of IOC NAAS (2001–2020). In the process of research, for a detailed study of the stages of the formation of patent legislation, legislative and regulatory acts of Ukraine were used concerning the regulation of intellectual activity and intellectual property, materials from professional periodicals, articles and abstracts published in scientific collections and materials of scientific and practical conferences, Internet resources, monographs and printed works of scientists, manuals, patents and inventions for useful models of the IOC NAAS. Research methods – quantitative, qualitative and comparative analysis. Methodology – according to the algorithm of constant monitoring and conducting patent and marketing research. The term "intellectual property" was first used in the Convention Establishing the World Intellectual Property Organization (WIPO), adopted in Stockholm on July 14, 1967, and since then the term has been used in international conventions and legislation in many countries. The day of the adoption of the Law of Ukraine «On Property» in 1991 is considered to be the beginning of the formation of the legislation of Ukraine on intellectual property. This law for the first time recognized the results of intellectual activity as objects of property rights. At present, ensuring the implementation of state policy in the field of protection of rights to inventions and utility models in Ukraine is provided by the Ukrainian Institute of Intellectual Property (Ukrpatent) and belongs to the Ministry of Economic Development of Ukraine. IOC NAAS – a leading scientific institution in genetics, biotechnology, breeding and cultivation of basic and niche oilseeds, which focuses on the development of theoretical foundations of breeding, creation of modern breeding material, development of optimal agricultural techniques for its cultivation, organization of primary and industrial seed production, for the development and improvement of technical means and machines for separation, purification and waste-free processing of oilseeds. During the existence of the IOC NAAS, scientists have created 87 objects of patent law. The novelty and originality of scientific developments are confirmed by patents for inventions and utility models. At the time of writing, the Institute supports 23 patents.


Author(s):  
N. A. Vitchkovskiy ◽  
◽  
V. A. Osipov ◽  

The growing importance of intellectual property as an economic asset raises the issue of the content of intellectual property in the scientific discussions and the identification of scientific prerequisites for the formation and development of the intellectual property theory. The paper aims at the improvement of the conceptual and theoretical views on the economic category of intellectual property through establishing the dialectical interrelation with the concept of property. The authors propose considering intellectual property as a materially expressed result of the mental (intellectual) activity of a person, which invests its creator (author) or legal entities with the exclusive right for it, and it is confirmed by the relevant officially issued protection documents (patents or certificates) or statutory prescribed copyright norms. The research revealed the dichotomous nature of intellectual property. The study of property and intellectual property categories allowed establishing their dialectical opposition in terms of materiality and possibility of copying a legal object, the urgency and territorial limitation of property rights, and, most important, the dynamics of value in the process of consumption. However, the property and intellectual property categories also have a dialectical unity, which is not noted in the scientific literature. It is expressed in the mechanism of origin of property rights (in both cases, they are related to the problem of limited resources resulting in the necessity to choose the variant of an asset use), and in the mechanism of application of these rights, associated with the presence of both the right and the restrictions of this right, as well as liabilities of a copyright holder.


10.12737/5495 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 5-10
Author(s):  
Марина Рожкова ◽  
Marina Rozhkova

The article draws attention to the main sign of intellectual property, which set them apart from other objects of civil rights, their intangible nature. Given this characteristic, it is emphasized that in civil circulation are introduced themselves the objects of intellectual property and exclusive rights to them and physical media that embodies these objects. In addition, the rules of entering into civil turnover for the named objects of civil rights — exclusive rights and material carriers is different. Physical media are differentiated depending on what is the purpose for their creation. If the purpose of fastening of the object of intellectual activity on the material carrier is to obtain the legal protection of this object, it is a primary material embodiment; if the goal is the introduction of a quantity of material carriers — talking about secondary material embodiment. Exclusive (property) rights can be the object of civil transactions in situations where the right holder provides the legal authority: either alienates belonging to him of the exclusive right to fully or allows another person to one of the rights that make up the exclusive right, the right use of the object of intellectual property rights on conditions of the license.


Author(s):  
Tim Press

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.


2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso

In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.


2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.


Author(s):  
Bakhtiyor Usubjonovich Akhmadjonov

The article provides a detailed analysis of the conditions of legal protection of inventions in the field of nanotechnology and the formation of legal norms with the help of materials from the scientific literature. KEY WORDS: Nanotechnology, legal norm, protection, invention, science, law, intellectual property.


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